Nissan, Infiniti Transmission Defect Class Action Settlement

Parties have reached a settlement agreement in a Nissan Infiniti transmission defect class action lawsuit.

Owners and lessees of certain Nissan and Infiniti vehicles equipped with an FK-*k2 continuously variable transmission, or CVT, may qualify for benefits under terms of this settlement.

The settlement resolves claims from three separate Nissan and Infiniti class action lawsuits. Six plaintiffs in these actions allege the FK-*k2 CVT equipped in certain vehicles sold by defendant Nissan North America Inc. is defective in a way that causes the transmission to vibrate or judder during acceleration.

Plaintiffs claim this defect creates an unreasonable risk of a collision, putting drivers and passengers at risk for injury or death. They allege Nissan knew about the problem with these transmissions but failed to adequately resolve it.

The parties agreed to this Nissan Infiniti class action settlement last fall. Affected owners and lessees may qualify for a warranty extension or special pricing on a new Nissan or Infiniti vehicle.

Nissan continues to deny the allegations. The settlement does not require Nissan to admit any fault, and the court has made no determination regarding liability.

Class Members will automatically benefit from this settlement unless they opt out. Those who want to exclude themselves from the terms of the Nissan settlement must do so by May 17, 2017.

Who’s Eligible

The settlement Class includes all persons who within the U.S. or its territories, including Puerto Rico, purchased or leased a Nissan Pathfinder from model years 2013 to 2014 or an Infiniti JX35/QX60 from model years 2013 to 2014 that was equipped with an FK-*k2 continuously variable transmission.

Potential Award

Varies.

Under terms of this settlement, Class Members may qualify for a warranty extension for their vehicle or special pricing on a new vehicle.

In all Class vehicles, Nissan will extend its warranty on the transmission assembly, including the valve body and torque converter, by an additional 24 months or 24,000 miles, whichever comes first. This warranty extension does not apply to the automatic transmission control unit, or ATCU.

Former owners of a Class vehicle who had at least two repairs or replacements of the transmission assembly, valve body or torque converter while they owned the vehicle may qualify for special pricing on the purchase or lease of a new Nissan or Infiniti vehicle under the Vehicle Purchase Program, also known as VPP Pricing.

Proof of Purchase

To receive a warranty extension, Class Members don’t need to do anything.

To exercise the VPP Pricing option, qualifying Class Members must provide their name and a government-issued ID to an authorized Nissan or Infiniti dealership on or before March 15, 2018.

Frequently Asked Questions

FREQUENTLY ASKED QUESTIONS »

Exclusion Deadline

5/17/2017

Case Name

Kenai Batista, et al. v. Nissan North America Inc., Case No. 1:14-cv-24728, in the U.S. District Court for the Southern District of Florida

Final Hearing

6/21/2017

Settlement Website

www.NissanCVTLitigation.com

Claims Administrator

Nissan CVT Litigation Settlement Administrator
PO Box 43441
Providence, RI 02940-3441
1-855-306-1955

Class Counsel

F. Jerome Tapley
Hirlye R. “Ryan” Lutz, III
Adam W. Pittman
CORY WATSON PC

Ronald P. Weil
Mary Olszewska
WEIL QUARANTA PA

C. Richard Newsome
William Ourand
NEWSOME MELTON LLP

Lawrence Deutsch
Jeffrey L. Osterwise
BERGER & MONTAGUE PC

Jordan L. Lurie
Robert K. Friedl
Tarek H. Zhody
Cody R. Padgett
CAPSTONE LAW APC

Defense Counsel

E. Paul Cauley, Jr.
DRINKER BIDDLE & REATH LLP